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BIRSETT v. GEN. ACCIDENT INS. CO. OF AM.

241 A.D.2d 683 (1997)

659 N.Y.S.2d 924

Jana Birsett, Appellant, v. General Accident Insurance Company of America, Respondent

Appellate Division of the Supreme Court of the State of New York, Third Department.

July 10, 1997

Mikoll, J. P.

This litigation arose in the following manner. On December 11, 1988 plaintiff's husband was involved in a motor vehicle accident while operating an automobile owned by plaintiff. Lisa Moses, a passenger in plaintiff's car, sustained personal injury and thereafter commenced an action to recover for her injuries against plaintiff. Defendant, plaintiff's alleged insurance carrier, refused to defend plaintiff claiming that the policy had expired...

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